The San Francisco Call. Newspaper, August 29, 1902, Page 2

o THE SAN FRANCISCO CALL, FRIDAY, AUGUST 29, 1902. W. N. BYRNES, SUPERINTENDENT OF THE JUTE MILL, CONTRIBUTES STARTLING DISCLOSURES OF THE SAN QUENTIN PRISON FRAUDS TN L Witness Exposes a Remarkable Situation. — No Requisitions for Many Purchases Made. BYRNES superintend- > story of how badly of the un- well was not k as n extent were the peopl reason of the t were rampant in San Quen- wn or who have yet been on Francis Foley, the commis was called dur- was per! the The commis- save the adminis- t remarkabl books he was kept. The the commissary’s confu- ate- case closed journed until this morn- ock. e TELLS ANOTHER TALE FROM THAT OF CARPENTER BYRNES, superintendent of e mill, was the first calied yesterday morn- He said he had charge books of that depart- ed that ash was used for d maple for shuttles. The sir. 0, SIT. terer's goods 1n t do you mean, Instance, cordu- matiresses for furniture? pulls for drawers, for furniture? in the Pty am thoroughly s book in evidence, the court please, d irrel time, ot course. eston—Well, it is material in this way, if your Honor piease. it is material in the 1ight of the testi- sony in the reguisition book of Mr. Laslie—in bis tesiizony as to what ue obiaimed for and through the jate mil'—and whenever we asked the guestion he would always say uld be materal, that the reguisition went througn ihe jute mili, and say “charge it to the jute mill” Now here is the re- quisition book of the jute mitl, and i3 conizins no such record, and o such (ransaction as Emsilie testified 10; wo want to show by the record ©f the jute mill itselfl what things were actuaily used for thatjute miti “nd what other materiais have been consumed by the ecarpenter shop vutside of the jute imill prope soing right airecily 1o the very sueston that we are examining on u this case. ari—1 w it it in evidence, Q.—If Mr. Emslic did work in the carpenter shop were his books sent 10 You each month for you teo chmrge it up in the Benerar jute miil mecount? A.—No, sir. Q.~—It was not. Then no Y vion, supervision or control would show tic expense or disbursement junde on account of the e suop? A——No, sir. g vl Q—1It uny upholstery ('l‘lu‘;td, upholstery wwhe er tor the coverin, ot 1 - ture, or hair for the Sliing or springs or anything eof that sort, tuat would not appear in youp books or in your “accounis In any way? A—No, sir. ¥ ~If work was done penter shop for persons prison waiix, we the prison, ~—No, sir. Q@ —Iif rurniture was would the cost and c\p::::‘:»eul:h:fe mzierial used be sent 1o You for Q:\ ) (hrough Your books t Aeeno, cir. you visit the blacksmith shop? 4. was par- material, in the car- reons within the will say omcer Wus that sent to yows y_vehicles in course Yes, & u any surreys built? A.— I saw one, A s&W one’ surrey bullt? A.—yeq you know what became of 17 A _ became of 12 A.—It 1s my per. the only ome you saw? A.— y surrey that 1 ever saw there, there was that you saw, shop where Virgin worked? have to commence with my. saw a plece of furnitur, r myself. Bothet what did you see bel saW Drobably three of e f phell—Just A—1 there What kind of tabies w, ere I, 1 saw two or th ree inlaid bardwood tables e that I did, Mr. furniture now, working In there? Preston, ad you see up R 2id_ before, 1 ere; 1 don’ v plece of furniture made. 1 saw ‘some m ing there, but what they were mak g 1 don’t really know, Q.—You never saw any other plece? A.—] have seen some Dieces put together, Dot 't say that I ever saw a finished piece the 1 ever saw, that wi me le w n 1 t that A.—So that I ¢ course outside ou could—what do you say? uld tell you what it was. Of of the two or three tables probably 1 might have seen four. Q—Do vyou remember having seen a ross- Wood set there or @ rosewood bedstead? A 1 pever saw & rosewood bedstead in there, = te mill requisitions for > A—Yes, sir. | at book contains ani for which you made ill and which ¥ se? A.—Yes, to your| I [ ¥? A.—I saw probably two tables. Q.—Were they inlaid? A.—No, sir; plain tables. Well, I know one was oak; what the e was I don't really know. Q—Well, it was a finished table; | wood table? . A.—Yes, sir; that Is | partly hed, very mearly so; I saw probably | two chiffoniers finished or partly fin- | | a hard- it was 1; that is, very nearly so. As I say, I | passed in there and transacted my own busi- | boss and 1 did mot pay particular attention as to what they were making, but to the best | of My recollection I bave seen a couple of | chiffonters there and a_couple of tables. | Q.—And a bedstead? A.—Yes, sir; one bedstead, Q.—Do you remember what that was? A.— { 1 believe ‘it was a bedstead that belonged— | well, T coulan’t tell you of my own knowl- edge | Q.—That fs the only bedstead you ever saw ? A.—That is the only bedstead I ever 1 saw ny chairs? A.—Yes, sir; I saw some chairs made there, Q.—How many? A.—Probably half a_dozen. Q.—Were they for upholstering or not? A.— No, I think not: they were just a kind of an easy chair, but of hardwood, not for up- holstering, Q.—Did you see any couches or sofas? A.— 1 never saw a couch or a sofa down there. Q.—Where did you see them? A.—I saw one couch or sofa; I don’t know which it was, partly finished. where T keep some goods upstairs, belonging to the mill | 'Q.—Did you see any tabourets? A.—I saw | tabourets made downstairs in the car | hon. plain ordinary tabourets, mada of well. T some licht You see anv furniture shipped? A —1 sent a table up to San Rafael and when it got up there there was something the mat- ter with it and I sent it back again. -~ HARDWOODS ARE | BOUGHT WITHOUT say what K | | SKED who was the jute mill ac- | A that prisoners kept his books. He countant, Superintendent Byrnes explained the methods of keeping the jute » REQUISITIONS said he believed O'Brien was, but and jute bag account. The examination continued: Q.—Did you ever see musical instruments being made in the carpenter shop or upstairs? A.—Well, T saw one or two banjos—I don't know; I didn’t see them made, Mr. Preston. I saw one or two banjos around there; I dom’t know really whether they were made there; I | couldn’t say of my own knowledge that I | bave seen them made there. | 'Q—Any mandolins or guitars? A.— No, 1 | don’t think I ever saw a mandolin or a guitar. Q.—Bird cages are common, 1 suppose? A. I have seen a few bird cages. Q.—Were they made there in the carpenter shop? A.—I don't believe that I ever saw a bird cage made in the carpenter shop. ou have seen them in there, have you? sir; 1 have seen bird cages inside the on walls, but I don't believe I ever saw birdcage in the carpenter shop Itself. Q—Any’ cutlery? A.—Yes, sir. Q.—Where was the cutlery made? A.—I have seen three—well, that is, 1 saw a por- | tion of three sets made. Mr. Whiting: Q.—Of what? A.—I have seen a portion of three sets of cutlery made— that 1s, a knife and a fork and a steel. Q—A carving knife? A.—Yes, sir; a carv- ing knife. Q—And a_steel? Q—For table use? Q.—How many did you ea I have seen three sets. That when they were being made. Did you see any other kind of cutlery? o, sl —Bowie knives? A.—No, sir; I have never seen any bowle knives. Q.—Was there any letter or any distinguish- | ing mark on this cutlery that you did see? | . three pleces. sir. you saw? A.— is, T saw them A.—No, I couldn't say that there was. | Q.—Had they handles on them when you| saw them? A.—Well, I saw them when they were in the process of being made, you know. | Q.—1 say, had they handles on them when | A.—Yes, sir. you saw them? Q.—What was it? Was it of ivory? A.—| No, I didn't see any ivory. They were aba- lone sheil and elther metal or German silver, | 1 wouldn't_ know; I don't know just exactly which it was. | Q.—The abalone set in the metal? A.—The | ebalone shell set in the metal. | “@ Do you know anything about the seg- | regation book? A.—No, Mr. Preston, I dort | know “anything about .he commissary depart- | { ment; T don't think 1 have ever seen but one | book n it. | Q.—Did you pay for the materlal used for | the furniture made for you? A.—Yes, sir; I | have purchased it in San Francisco. Following a brief cross-examination Mr, Campbell took the witness: Q—Now, do you know why the carpe shop and the work that s done i the carpen ter shop is charged to the jute mill? Mr. Whiting—We object to that, if the court please, as incompetent, immaterial and Irrele- vant. Mr. say so. Mr. Whiting—Well, it is immaterial, | The Court—I will overrule the objection. The witness—What is the question? Why It is charged to the jute mill? Q.—Yes, why is it that it is charged in the jute mill account? A.—I couldn't say. Q—You know that to be a fact, though? You so stategto Colonel Preston this morning? A.—My implession is that it s so, but I couldn’t swear it positively, because I Campbell—If he don't know he can to P ——— % i | SAN QUENTIN COMMISSARY ON THE STAND, AND TWO OTHER WITNES S have absolutely no knowledge of the system of | bookkeeping or anything connected with it out- side of the jute mill proper. Mr. Preston—That is all. The Court—Do you wish the books of this witness left here? Mr. Campbell—If he will just leave the on and have it written in evidence. The Court—Do you wish these written f. evidence, or is it more what they don’t show than what they do show that you want them for? Mr. Campbell—I want the fact to appear—iwhich is a fact, that on the examination of that book, those bills of hardwood lumber which | have been introduced in evidence here, and which have passed to the | Controller’s office, and which are! charged to the jute mill, don’t ap- pear in the requisition book gener- | ally. The Court—Suppose the witness takes th. stand again? Q. —Now, I will ask you to look at this book. Take a little time and go through it page by page, so that you may state to the court, ana it may become a matter of record here, as we don’t want to keep your book—whether or not there is any hardwood lumber, not shuttles, | but hardwood lumber in your reguisition book in oak, ash, maple, cedar, mahogany, rose- wood, ebony or anything of that kind or char- ecter? The witness was excused temporarily. After he had examined the book he was recalled. The testimony follows: Mr. Preston: Q—You have examined thess records produced by you, have you? A.—Yes, sir, January 18, 1900. Q.—1000 feet of Eastern sugar maple? 2-inch, Q.—2-inch? What is that (Indicating)? A —January 19, 1900, 1000 feet of Eastern sugar maple, 2-inch. Q.—There is another (indicating). A.—That is April 4, 1900, 1000 feet of Eastern sugar | maple, second season; then November 19, 1000 | 7y feet of 1-inch mapie, 24.12, seasoned; 45 feet same, 1x10 clear, in good 9-foot length; 160 feet same, 4x10 clear, in 12-foot lengths; 53 feet of white cedar, 3x6, ciear, 18-foot lengths Q.—Is that ail in’that book? A.—That is ali of those, Mr. Preston. This is February, 1902 (indicating)—2000 feet—hat is what was or- dered, and 1975 was the amount received— aple, 23g-inch, straight grain and clear, in ason, Q.—Those contain all the items of hardwood ordered for your department in the jute mill at San Quentin from the beginning of the year 1900—as shown by these books? A.—As ordered by _me. The Court: Q.—Shown by your books? —Yes, sir; shown by these books here. Q.—By the books of the jute mill? Mr. Preston—That is all, sir. Mr. Whiting: Q.—You say Sometimes there might be orders for lumber for the jute mill by other parties? A.—These were on special ocw casions that I ordered lumber myself. The rea- son, 1 say, I ordered it myself is because it is in this book. If it was not ordered by me it would not be in this book. Q.—There are other orders by other parties? A.—Mr. Emsile must have ordered a large amount of lumber for the jute mill, but as I say 1 have a recollection that one ‘was occa- sioned by the death of Mr. O'Conmnmor. I put in one requisition on that account. What occas sloned me to requisition for the other lumber, why 1 do not remember now just at this partio- ular time. Q.—In other words they were requisitions— that is, there was lumber used in the jute mill that was obtained by the requisitions of other parties than yourself? A.—Yes, sir; Mr. Ems- lie orders nearly all the lumber that is used in the jute mill. \The Court—He testified to that this morn- ng. Mr. Preston—He also testified the use of this ‘lumber in the jute miil 1s confined to maple_and ash, is if not? A.—I used cedar, also, Mr. Preston. Yes; I use Eastern ash. I use ash, cedar, maple, redwood, pine. Q.—Anything else? A.—T use a large amount of—1 have used a large amount of tongue and grooved 4-inch redwood. Q.—Any other bardwood? A.—Not in the jute_mill, but there is of course hickory useq in the blacksmith shop, but over that I have really no jurisdictio: —_— - NO CHECK UPON SUPPLIES FOR WARDEN'S HOUSE —_— ICTOR GILARDIN, who has been assistant commissary at San Quen. tin for three years and a half, was called to the stand. He said his du- ties were to receive the goods, assist in the buying and keep the subsistence ac- count. His cxamination was concerney A, | gooas? | 50 largely with fnquiry into the methods of bookkeeping employed by the commissary department ‘and was fruitful mainly 1o sbowing what the witness did not know of the subject and in demonstrating the looseness of the system employed. Fol- lowing is the testimony in part: Q.—Is there any account kept of the pro- visions and materials that go to_the \'arlouul places In the prison—the various departments? | Take, for instance, the Warden's house—the | officers’ and the guards' mess and the prison | mess—are there any books kept charging those | various departments with the commissary | A.—I think that is kept on the ledger. | Q.—But who makes the original entry from ich the ledger is kept? To make it plain: ppose that you send a barrel of sugar and s of coffee, two rolls of butter to the offi- | cers’ and guards’' mess. Now, just what do you do—what writing do you do in connection with that? A.—I don't do any writing. That goes on the requisition book. Q.—Who keeps_that requisition book? A.— It goes back and forth from the commissary to the Warden's office. Q. —Where do you get the items to put on your ledger account—from this requisition book? A.—Yes, sir; after it is put on over in the office the requisition book is brought back to the commiseary. .—You put in just the lump sum? You don’t have any itemized account, then, of the material you Issue out of the commissary to the various departments? A.—No, sir, 1 have not. Q.—Now, then, do you keep any account with the varlous merchants—does the commissary department—from which you buy? A.—That I could not say, because I don't keep the books. Q.—You don’t know whether there is such an account as that kept? Kor instance, sup- pose you buy $260 worth of dry goods from Levi Strause & Co.—now what is the method in the commissary department about that? Sup- pose it is non-contract—just how would you proceed to handle that in your department? Take it from the time the box Is delivered to the commissary. Then what is the first to be done? A.—When first it comes to the commis- sary it is checked off. q that 1s, when it first comes to the commiseary, the box would be opened? A.— Yes, sir, and checked off. Q—Then the bills—if you have the bilis there—would be compared Wwith the articles de- livered, would they not? A.—Yes, sir. Q.—That is what you call checking off? sir. A— Q—Then what would you do with it after that? A.—With the goods? Q.—Yes. A.—Well, deliver them to wher- ever they were to go, or if they were to go into stock, why keep them in the commissary, Q.—If they were to g0 to the Warden's house, you would send them to the Warden's house? A.—Yes, sir. ‘Q—If they were to go to the officers’ and guards’ mess, you would send any other part of it to the officers’ and guards' mess? A.— Yes, sir. Q—1If it were to go to the prison mess, you would send it to the prison mess? A.—Yes, sir. Q.—Now, would you charge any of that ma- terial to the Warden's house at the time that you sent it there? In any book that you know of that is kept in that prison? ~A.—No, sir; T don't know anything of that—about that charge, because 1 don't Keep the books. Q.—ell, do you know of any book that that would be charged in? A.—No, sir, I do not. Q.—Then how do you arrive, it you know, at the amcunt which is charged to cach ce- partment of the prison at the end of each month? A.—Well, it is charged up on the stock book to each department. Q.—Then, if you don't charge it when you deliver it, when do you charge it on the stock book or any place else? A.—Of course it is always charged, because therc is always a requisition for that before we deliver any. Q.—Suppose it is ordered without iay requi- sition? A.—They are not supposed to deliver anything without a requisition. Q.—Now, sir, have you not bought, your own personal self bought articles in San Francisco for the prison which were charged to the prison without having any requisi- tion at all? A.—No, sir; not to my knowledge. Q.—Have you ever purchased anything from Lebenbaum & Co.? A.—1 have, yes. Q.—Have ~you ever purchased anything from them without a re- quisition at all? A.—Well, for the house I have; yes. Q.—For what house? A.—For the ‘Warden’s. Q.—That fs charged to the prison, is it not? A.—No, sir, it s charged to the Warden, asked if you had ever purchased any- thing which was charged to the prison from Lebenbaum & Co. without a requisition? A.— Yes, sir, I have. ' —What was 1t? A.—I could not state «x- actly what It is; it {s subsistence, Q.—Then it is a fact you purchased frem Lebenbaum & Co. materials—Now, Isn't it also a fact you have purchased from H. Levi & (o- materials? A.—No, sir. —_— SES | Q.—Things that were charged to the prison without a requisition? A.—Not to my knowl- edge, ‘no, sir. Q.—Have you any recollection of having purchased any tea the latter part of 18017 A.— No, sir. 1 have not. Q.—Without a requisition? member of doing it. Q.—Do_you remember of purchasing some A.—T den't re tea that was not delivered to the prison. A.— No, sir. Q.—Now where else did you purchase any- thing from any merchants in San Francisco that you can now recollect which was charged to the prison without a requisition?- A.—I don't remember of anything else. Q.—Now, then, how dij (his material which ¥you purchased from Lebegbaum & Co. get cn to the books of the comm department, if there was no requisition made for it? A.— These orders that would come, you ses, tney Would come down in the morning from the | Warden's house and be entered 21 the requisi- tion book, then they would be put on my book to order over here. Q.—Yes. Well, would you consider ' that cr- der from the Warden's house o requisition? A.—I considered that was—that was always the rule, the way they did It. Q.—These orders that came down from the Warden's house—these orders on a siip of pa per. and which you copied into your order book, how did they get on the requisition book, If you know? A.—Well, these orders were taken over to the Warden's office and thsy were en- tered on the requisition book there. Q.—Yes, how, then, did you keep your ac- count book straight? A.—I just simply ordered what was on my book. Q.—Were they sent over to the Warden's office before or after they were entered on your order book? ~A.—Sometimes before and some- times after, Q~—Then how was there any method of your checking up with the Warden’'s book to determine how much material had been given to the Warden’s house at the end of | the month; did you have any check | at all on that? No, sir; I did not. ' Q.—Now, how do you know that these slips of paper from which you put these items in your order booi, how do you know that they were entered in the requisition book, or do you know at all? A.—At the present time I do not. Q~—Then you had no method whereby you could check agnainst the entries made in the Warden's book? A.—Entries made in the Warden’s book? You mean the ledger. Q.—Had you any method by which you could check off the entries made in the Warden’s book and de- termine whether they were correct, 1nNuecolrdlnc= with your book? A. —No, sir. Q.—You don’t have anything to do with any- thing that is charged to the fute mil? Ao No, str. Do you have anything to do with that which is charged to that portion of the jute mill which they call the carperter shop? A.— No, efr. So, as a matter of fact then, no re- quisitions or anything of that kind that go to elther the jute mill or the carpenter shop, pass through your office at all, do they? A.—AIl the requisitions from the jute mill for oll and such things as’that. —That is, you keep that i A8 Sy P that in stock, do you? Q.—Purchase it? A.—That right into the jute SearelE sup mill; 't K s Wwe don't keep it Q.—You purchase it for th yeu? A.—No, I don't purchase it personally. Q.—Who does? A.—It comes through the l:“l“?{ re\]l_lll‘;fllnns; it is ordered sometimes Yy letter. ey generall; ul IyQDrd;ln ¥ put in their month- .—Have you any ledger accou ,‘tlm mill department? A.—Notfl tx);‘nw;n‘kn‘;l: of, no, ‘Q.—Have you any ledger carpenter shop department? lhat T Jnow of. .—Have you any ledger b]lcklll.lflh depunment?‘ A..—cco‘.mtul:.'uh the Q.—Now, you and your immediate superior :lt’t!nd :nflfl"‘trnurc{’m!e, do you net, for all le material for those various part; A.EPI"th;y much all, o i s .—When you purchase anything for carpenter shop, do you charge it t: !her 1:12: mill, or how A.—No, sir; I think that is charged up In the other office. AQ;DO you not know how it is charged? .—No. Q.—At any rate it does !ha coflmlnlfy. not pass through .—Then any hardwoods or m: that kind which -are purchased do“;:l“;lor through your commissa; books at all? No, sir; not the books; I don't think so, hd,‘—’x mian ¥y bc;oku Jou know of that are P In e commissary departm — Naqt that I know of, g .—The articles of upholstery, such as corduroy, cords and things of that kind, h&':l through your jute mill, <o account with the A.—No, sir; not CoMMISsSARY FRANSLS Forks> exrraimus- L il ¥ Q. —Hardware, such as casters? A.—Yes, sir; we have hardware. .—Now, did you purchase any hardware from Baker, Hamilton & Co., and have it charged to ‘the prison, that you know of? A.—Not without a_ requisition. Q.—Did you purchase any without a requisi- tlon? A.—Yes sir; I have purchased hard- ware from Baker & Hamilton. Q.—Have you purchased any for the jute mill? A.—Yes, sir. Q.—Charged it to the jute mill? A.—Well, I don’t know where it is charged. Q—You don't know where it IS charged? A.—No, sir. ‘The Court—It is time for a recess now. You return here at 2 o'cloek, Mr., Gilardin. NO KNOWLEDGE . OF THE COST OF WARDEN'S HOUSE T the beginning of the afternoon session Gilardin was recalled. He said he did not remember ever having purchased hardware and charging it to the jute mill. The exam- iration went on as follows: Q—Mr. Gilardin, if you were going to at- tempt to find out how much provisions in | value had been used at the Warden's house in any one month, how would you do it? A.— Well, the way would be to g0 to the ledger, I suppose. Have you ever, at any time, since you have been the assistant of the commissary, made any computation to ascertain what it costs any one of the departments per month? A.—No, sir, Q—And you don't know mow? A.—No, Q—Do you know how much it costs to sir. run the officers’ mess, or did you ever know, per month? A.—No, sir; I never did. Q.—Do you know how much it costs to run the prisoners’ mess, or did you ever know, per month? A.—No, sir, Q.—Do you know how much it costs to run the Warden's house, or did you ever know, per month? A.—No, sir. Q.—Were you ever in the carpenter ‘shop in the penitentiary at San Quentin? A.—I have been through the shop. Q.—Did you ever see any articles being manufactured, or that had been manufactured out of mahogany there> A.—Well, I have seen stuff that was manufactured there, but I couldn’t say whether it was mahogany or what kind of lumber it was. Q.—Now, what stuff have you seen there, as you call it, that was manufactured? A.— Well, 1 have seen some tables; some of those inlaid tables. Q.—Well, what else? A.—Some chiffoniers. Q. —About how many tables did you see, Mr, Gilardin? A.—Weil I couldn’t say exact- ly;'T think four or five. Q—Yes, about how many chiffoniers? A.— Well, to the best of my knowledge there was two or_three. Q.—Did you ever see any bureaus? A.—No, sir. Nor dressers? What they call dressers? A.—No, sir, Q.—Nor any chairs? A.—Well, I have seen chairs, just the frames of chairs, but they Were hot completed, of course, Q.—Yes, how many of them did you see? A.—Well, 1 really couldn’t say how many. ‘Qi—A half dozen? A.—Something like that; yes, sir. Q.—Did you ever see any dining room chairs there, not the frame chairs to be stuffed? A.— No, sir, I couldn’t say that I have. It is very seldom that I went in there. Q.—Where did you buy, Mr. Gllardin, the hair that was used in the penitentiary, or was there any used there? A.—I couldn’t say at present where I did buy the hair. Q—Do you know a firm by the name of Knittle & Williams in San Rafael? have heard of that name, yes, sir. Q—Have you ever been there to p Any articles for the State? A.—No, sir. Q—Do_you know a firm by the name of Hulse & Bradford? A.—Yes, sir. Q.—Have you ever been there to purchase any articles for the State? A.—Yes, sir. Q—Did you ever purchase any halr from them? A.—Yes, sir. Q.—Did you ever purchase any corduroy trom them? A.—I don’t think so. Q.—Did you ever purchase any material for covering chairs? A.—Well, now, I don’t re- member whether 1 did or not; I couldn’t say for certain. Q—Well, did you ever purchase any hair or materlal for covering chairs from Sloane & Co.? A.—No, eir; I think not. Q.—The only two places that you remember, then, of ever having purchased anything of that kind or character from for the State were— or the only one place, was Hulse & Bradford? A.—Yes, sir. ‘Q—You haven't any recollection of having any dealings with Knittle & Willlams? A.— No, sir, 1 never have; I have bought stuff from —rlot Hulse & Bradford, but from Sloane. We have a contract for some stuff, I think, with them. Q.—They have contracts? A.—Yes, sir. '—What stuff did you buy from Sloane & Co., under your contract? A.—Well, I think it was—I\ forget what they call it now. Q.—Sir? A.—I forget what they call it now. They use it in flling upholstery and one thing or another. Q—Excelsior? A.—Excelsior; yes, sir. Q.—You bought some curled hair there, didn't You, for mattresses? A.—I don't think so. 'Q/—Or was it for upholstering chairs? A.— Not that T remember. Q.—All the hair you got you bought from Hulse & Bradford, did you? A.—To the best of my knowledge. Q. —Now, then, do you know a firm in San Rafael by the name of Grosjean & Co.? A.— Yes, sir. Q.—What did you buy from them for the State? A.—Well, bought eggs from them, anq I don’t Temember now; I couldn’t say exactly ering for furniture, do they pass book:? A.—No, sir; I think not. ‘what, Supplies Are Bought in Irregular Manner. Making of Household Goods in the Prison. * . Q—Did the State have an account there? A.—Yes, sir. Q.—Now, when these bills were sent to the penitentiary, were they sent in_duolicate or triplicate? A.—Well, that I could not say; I think it was in duplicate. Q.—When the bills came, did you look at T examine them to determine whether or u had purchased those goods? A.—Well, 1 don’t remember now at this time whether I did or not. Q.—Have you a man, a convict, thers by the name of Webber, that keeps any of those books? A.—Yes, sir; there is a man by the rame of Webber there. Q.—Where does he work? A.—He works for the commissary. Q.—What are his duties? A.—Well, he was what you call the bill clerk, I believe. Q—The bill clerk? A.—Yes, sir. received the bills when they are chec and passed over to him. He flgures them up, 1 believe. That s what he does. Q—What do you mean by fixing them up? A.—Figures them up. 7 Q.—Figures them up? A.—To see if they are correct, and then he passes them to Mr. Foley, the commissary. Q. —When you have been there have you ever seem any bills with the heads cut ofi? A.—No, sir; not to my knowledge. Q.—Never saw any bills that had the top part, the heading, cut off and anything else pasted om simee you have been there? A.—No sir. Q.—What have you to do with the monthly statement which is made to the Warden; have you anything to do with that? A.—No, sir. Q—Well, when the commissary_is not thers you take his place, do you? A.—Yes, sir. Q.—Well, when these bills come and are checked off, are you not in the habit of keeping a record of them for the information of the commissary so that you may inform _him whether they are correct or not? A.—Weil, I don't keep a record of it, but if there was anything that was not right, I would speak to him about it, tell him about it. Q.—You stated you wers in the habit of pur- chasing groceries, some groceries from H. Levi & Co., are you not, wholesalers, down at ths foot of Market street? A.—I think most likely have. 18 Wen, nave you ever—don’t you kmow? A.—1 couldn’t say. I bave not bought any- thing for some time. Q.—Have they not contracts with the State prison for groceries? A.—Yes, sir. Q.—You say you are not over there s great deal, because vou are over here some two or three days in each week ordering these mate- rlals. Don't you know as a fact you do buy these groceries and order them from H. Levi? A.—Yes, sir. —And you have been doing that up_te within the last week, have you not? A.—Yes, sir. Q.—Now, then, did you ever purchase any tea that you remember of from Levi & Co.? A. —I don’t remember whether I did or not. Q.—Do you—can you refresh your.memory from the fact there was a shortage in a chest of tea atter the early part of 19027 A.—No, sir; I don’t remember it. Q.—You never came over to the city, or you never, in the commissary, knew anything about there being a shortage of a chest of tea, or in a chest Of tea? A.—No. sir. Q. —1¢f you were looking for—to _find—for charges against the State for goods purchased Without a requisition, where would you look for that, on your ledger in the commissary? A—Yes, sir; I guess that would be the only lace to look. P Who attended to the shippfhg of material at San Quentin and received San Quentin? A.—The shipping clerk, Mr. MeDougall. P & —How long had he been shipping clerk, to your knowledge? A.—Now, I couldn't say ex- actly. I should think something ltke about hree years, maybe over. G Thess books which you speal of. the ledger and the stock book and the book kept by the bill clerk, Webber, they are in the commissary department now, are they? A.— Yes, sir. Mr. Campbell—That is all, your Homor. 1 suppose the proper person to ask to bring the books would be the commissary. He is here. We will mee about that. I would not like to discharge the witness absolutely. —_— FOLEY SUSPECTS BOOKKEEPERS OF HIS DEPARTMENT RANCIS FOLEY, commissary of the prison, was called to the stand. He said he had held his present po- sition for three years and two months. His testimony was as follows: Mr. Campbell—What are your duties as com- missary of the State prison at San Quentin? A.—My duties there are to order goods that are called for by the different departments and signed for by requisition of the Warden or the superintendent. Q.—How many departments in San Quentla are there? A.—Well, the general departments there, the jute—jute mill, the prison mess, the oificers’ mess and the—our mess, and thea the females and the hospital mess, hospital for the females and the Warden's residence. Q—The Warden's house, prison mess, the officers’ mess, guards’ mess, the female de- partment—. A (Interrupting)—TYes, sir; hospital and jute mill. Q—Do you keep under your supervision books showing the amount of materal or pro- visions or any—goods of any kind or character used each month by each one of these depart- ments? A.—Yes, sir. Q.—Who keeps that book? A.—There are several books. I will give you the names of them. I desire to set you right and have you avoid repeating the questions. There is first what is known as the stock ledger; that stock ledger contains the goods purchased for each department altogether, from A to Z, com- mencing at A and ending with Z, Q. —What? _A.—Commencing with apples and ending with zinc. For each article of goods—that is, the stock ledger—the goods purchased are entered in the stock ledger, Whether for the jute department or not, all g00d: They are kept in alphabetical order. Q.—Kept In alphabetical order? A.—Yea, sir, as 1 say, in alphabetical order, from A %o Z; apples to zinc, as I told you. 'Q.—Does_it show, Mr. Foley, from whom these purchases are made and the dates of them? 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